Los Angeles Murder Defense Attorney – Free Consultation

When your life is on the line, you need a criminal defense attorney who can deliver. Call the Helfend Law Group today.

MMurder charges are among the most serious you can face. Your attorney needs to be able to rise to the challenge to defend not only your freedom, but your life.

Robert M. Helfend is a Los Angeles murder defense attorney who has defended the accused in California since 1984. In that time, he’s defended more than 4,000 cases to favorable results, including a significant share of homicides.

Among a number of honors he’s received from his peers for his skill in the courtroom, he has earned nods from SuperLawyers, Lead Counsel and the National Trial Lawyers Top 100.

Robert M. Helfend understands the stakes involved and what it takes to win a murder case.

If you or someone you love has been accused of murder, Robert M. Helfend is here to help. Call today for a free consultation – (800) 834-6434.

What is murder?

Murder is defined in California Penal Code 187 PC. It has three elements:

  1. The defendant caused the death of another person,
  2. The defendant acted with “malice aforethought,” and
  3. The defendant killed without lawful excuse or justification.

“Malice aforethought” is a legal term referring to the intent or mental state of a person who deliberately commits an act, particularly a violent act like murder, with the intention to harm or kill. It represents a premeditated decision to cause harm, showing that the act was not accidental but was carried out with forethought and malicious intent.

California law divides murder cases into two categories: first-degree murder and second-degree murder.

First-degree murder

First-degree murder usually applies when any of the following is true of the defendant:

  • He/she committed a willful, deliberate and premeditated killing.
  • He/she lied in wait to kill the victim.
  • He/she tortured the victim during the killing.
  • He/she used an explosive, poison, weapon of mass destruction or armor piercing ammunition.
  • He/she is guilty of violating the felony murder rule, which is when someone kills someone else while committing a specific felony.

Second-degree murder

PC 187 states that second-degree murder applies when the defendant acts with willful disregard for human life but does not act with premeditation. That could include situations like:

  • Two people get into a disagreement at a bar. In the heat of the moment, one of the men sucker punches the other person. The hit knocks him to the ground, where he hits his head and dies.
  • A person with a history of DUI convictions drives while inebriated and causes a crash that kills someone else.
  • Street racers are racing on an open road. As someone is lawfully crossing the street at a crosswalk, the racing cars quickly approach on him, striking him and killing him.

Robert M. Helfend murder practice areas

As a specialist in homicide, Robert M. Helfend takes all kinds of murder cases. This includes:

Accessory to murder – Penal Code Section 31 PC

Accessory to murder refers to individuals who, though they may not have directly committed a murder, assisted, facilitated or encouraged the main offender in some way, either before or after the crime. Being an accessory typically involves helping the primary perpetrator avoid arrest, prosecution or conviction.

Important links:

Capital murder – Penal Code Section 189 PC

Capital murder refers to particularly heinous types of first-degree murder that can result in the death penalty (or “capital punishment”) in jurisdictions that still apply it. Examples might include murder committed during certain felonies, multiple murders, or the murder of a law enforcement officer.

While capital murder is still on the books in California, the death penalty is currently under moratorium and it hasn’t been used since 2006.

Important links:

Felony murder – Penal Code Section 189 PC

The felony murder rule applies when someone dies, even accidentally, during the commission of certain felonies. Even if the death wasn’t intentional, a person committing the felony can be charged with first-degree murder, based on the inherent risks of the underlying felony.

Important links:

First-Degree Murder – Penal Code 189 PC

This is the most severe murder charge and involves deliberate, premeditated killing with “malice aforethought.” It denotes that the perpetrator planned or thought about the murder before committing it. The penalties for first-degree murder are among the harshest among homicide charges.

Important links:

Involuntary manslaughter – Penal Code Section 192(b) PC

This charge involves unintentional killing without lawful justification, stemming from reckless behavior or criminal negligence. It is different from first or second-degree murder in that there’s no intent to kill or “malice aforethought.”

Important links:

Second-Degree Murder – Penal Code 189 PC

This is a charge for intentional murder that lacks premeditation or deliberation. It is committed impulsively or without specific intent to kill but with a general disregard for human life, making it less severe than first-degree murder but still a very serious offense.

Important links:

Vehicular manslaughter – Penal Code Section 192(c)(1) PC

This involves causing the death of another person due to negligent or reckless driving. It can vary in severity, with penalties depending on factors like whether alcohol or drugs were involved or if there was gross negligence.

Important links:

Voluntary Manslaughter – Penal Code Section 192 PC

This charge comes up in the case of intentional killings where the perpetrator acted upon sudden passion or in the heat of the moment, often after provocation. It recognizes that, while intentional, the act wasn’t premeditated or done with malice aforethought.

Important links:

Attempted murder – Penal Code Sections 664/187 PC

Attempted murder charges arise when prosecutors believe someone tried but failed to unlawfully kill another person. Even if no one died, the potential consequences are severe: a conviction can carry a life prison sentence.

Prosecutors often pursue attempted murder in shooting cases, stabbings, or assaults where the alleged victim survives. These cases frequently turn on issues like intent, eyewitness credibility, and whether the defendant acted in lawful self-defense.

Special circumstances – Penal Code Section 190.2 PC

California law recognizes certain “special circumstances” that make a murder case even more serious. These include situations like multiple victims, murder for financial gain, killing a police officer, lying in wait, or committing murder during another felony such as robbery or rape. If prosecutors prove a special circumstance, the penalties increase dramatically.

A conviction can mean life in prison without parole, and in rare cases, the death penalty (though executions remain under moratorium in California). Special-circumstance allegations require an aggressive defense because they eliminate the possibility of a normal parole-eligible sentence.

Penalties for murder in California

Most cases of first-degree murder are punishable by 25 years to life in California State Prison. 

There is a subcategory of first-degree murder known as “first-degree murder with special circumstances” or “capital murder.”

“Capital murder” is cases of first-degree murder where:

  • The defendant killed more than one victim.
  • He/she killed for financial gain.
  • He/she killed a witness to prevent them from giving testimony.
  • He/she killed a police officer, firefighter, prosecutor, judge, juror or elected official.
  • He/she was convicted of a hate crime — killing someone based on race, religion, gender, disability, sexual orientation or nationality.
  • The killing was a drive-by shooting.
  • The killing was a gang killing.

Capital murder is punishable by either:

  • The death penalty. In California, this is done either via lethal gas or intravenous injection of lethal drugs.
  • Life in prison without the possibility of parole.

On March 12, 2019, Governor Gavin Newsom announced a temporary moratorium on executions. This means that, as long as this moratorium is active, people who have been convicted of capital murder in California will not face the death penalty and instead will be sentenced to life in prison without the possibility of parole.

For second-degree murder, most cases are punishable by 15 years to life. However, the sentences for second-degree murder rise to 20-years-to life if the defendant shot from a vehicle, intending to injure someone else and up to life without parole if the defendant had previously been convicted of murder. 

On top of the prison sentences for murder, the court can also impose additional penalties depending on the facts of the case:

  • Fines of up to $10,000
  • A “strike,” pursuant to California’s Three Strikes Law
  • Restitution to the victim
  • Loss of gun rights
  • Sentencing enhancements if a firearm was used in the murder, or if the killing was game related.

Defenses against murder charges in California

There are many possible defenses that can be used in murder cases, and your attorney will tailor a defense strategy around the facts and evidence in your case. This can include defense strategies like:

  • Self defense – California is both a “Stand Your Ground” and a “Castle Doctrine” state. That means that whether at home or outside, you are under no duty to retreat if you feel like your or someone else’s safety is in danger. You have a right to self defense.
  • Accident – If you were engaged in normal, lawful activity at the time of the other person’s death and didn’t intend to harm them, that is not murder. It’s simply an accident.
  • Illegal search and seizure – Your Fourth Amendment Right protects you from illegal search and seizure. If authorities didn’t follow the law when gathering evidence, it can be removed from the case.
  • False or coerced confession – The police are intimidating, and they have a long and well-documented track record of forcing people to confess for a crime they didn’t do.
  • Mistaken identity – Eyewitnesses are unreliable, and maybe the situation could’ve been a case of “wrong place at the wrong time.”
  • Insanity – These are situations where the defendant could not understand the nature of what they did and couldn’t distinguish right from wrong.

If there is clear and valid evidence that a person was responsible for someone else’s death, it might not be possible to see charges dropped entirely.

However, charges can be significantly reduced. Prosecutors often pursue the most serious charges early on in a case, and they do it to intimidate the defendant into a pleading guilty to avoid a trial. This is where it is so helpful to lean on your attorney’s expertise to understand the options ahead of you and what to expect.

When selecting your legal representation, look for a criminal defense law firm with an extensive case history in homicides. An attorney who has “been there and done that” will have a great level of expertise that other defense attorneys don’t offer. They will have deeper connections with judges and prosecutors in the area. They will represent you more confidently, and most importantly, they’ll communicate more effectively to keep you informed and ease your anxiety throughout the process.

Why trust the Helfend Law Group with your murder defense?

In more than 40 years, Robert M. Helfend has built a reputation for thorough investigation, aggressive use of defense strategies, and frequent success in challenging eyewitness testimony and prosecutorial evidence.

One high-profile case involved a “stand your ground” murder charge where the client was accused of murder, shooting at an inhabited vehicle, and negligent discharge of a firearm. After a two-week jury trial, Helfend secured a not guilty verdict on all counts by arguing the client acted in self-defense under California law.

In another murder case in Ventura County, the client was identified by an eyewitness as the shooter in a boyfriend’s death. The jury was unable to reach a verdict on the murder charge; the case was instead resolved with a charge of voluntary manslaughter and the client was given credit for time served.

Helfend’s murder-case wins often hinge on exposing weaknesses in the prosecution’s case, such as unreliable eyewitness identification, inconsistencies in testimonies, or legal overreach during arrests or searches. He has proven his ability to negotiate dismissals at preliminary hearings in attempted murder cases and to prevent felony sentences through careful motions and strategic cross-examination

Robert M. Helfend is an experienced criminal defense lawyer that has successfully represented clients in a wide variety of homicide cases, from attempted murder to vehicular manslaughter. He understands what you’re up against and will do everything in his power to get you the best possible outcome in your case.

Facing the criminal justice system can be an anxious time, and a quick conversation with a criminal defense attorney can provide some peace of mind for you or your loved one’s future. As a specialist in murder cases, earning recognition from esteemed groups like SuperLawyers and the National Trial Lawyers Top 100, Robert M. Helfend can help you navigate the options ahead of you.

Call us anytime, 24/7, for a free, no-risk discussion about your case – 800-834-6434.

Published January 22, 2013. Last updated September 13, 2025.

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